UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION, and
STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
Plaintiffs,
v.
WORLDWIDE INFO SERVICES, INC., a Florida corporation, also d/b/a THE CREDIT VOICE;
ELITE INFORMATION SOLUTIONS INC., a Florida corporation, also d/b/a THE CREDIT VOICE;
ABSOLUTE SOLUTIONS GROUP INC., a Florida corporation, also d/b/a THE CREDIT VOICE;
GLOBAL INTERACTIVE TECHNOLOGIES, JNC ., a Florida corporation, also d/b/a TI-IE CREDIT VOICE INC.;
GLOBAL SERVICE PROVIDERS, INC., a Florida corporation;
THE CREDIT VOICE, INC., a Florida corporation, also d/b/a TCV;
LIVE AGENT RESPONSE l LLC, a Florida limited liability company, also d/b/a LAR;
ARCAGEN, INC., a Florida corporation, also d/b/a ARI;
) ) ) ) ) ) ) ) Civil No. 6:14-CV-8-0RL-28DAB ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case 6:14-cv-00008-JA-DAB Document 35 Filed 01/24/14 Page 1 of 36 PageID 1833
AMERICAN INNOVATIVE CONCEPTS, INC., ) a Florida corporation; )
UNTQUE INFORMATION SERVICES INC., a Florida corporation;
MICHAEL HILGAR, individually and as an officer or manager of Worldwide Info Services, Inc., Elite Information Solutions Inc., Absolute Solutions Group Inc., Global Interactive Technologies, Inc., Global Service Providers, Inc., The Credit Voice, Inc., Live Agent Response l LLC, Arcagen, Inc., and American Innovative Concepts, Inc.;
GARY MARTIN, individually and as an officer or manager of Global Interactive Technologie::;, Inc., The Credit Voice, Live Agent Response 1 LLC, Arcagen, Inc., and American Innovative Concepts, Inc.; and
JOSEPH SETTECASE, individually and as an officer or manager of Unique Information Services Inc.,
Defendants.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
STIPULATED PRELIMINARY INJUNCTION WITH ASSET FREEZE, APPOINTMENT OF A RECEIVER, AND OTHER EQUITABLE RELIEF
AS· TO DEFENDANTS WORLDWIDE INFO SERVICES, INC., ELITE INFORMATION SOLUTIONS INC., ABSOLUTE SOLUTIONS GROUP
INC., GLOBAL INTERACTIVE TECHNOLOGIES, INC., GLOBAL SERVICE PROVIDERS, INC., ARCAGEN, INC., AMERICAN
INNOVATIVE CONCEPTS, INC., UNIQUE .ll'l'FORMATION SERVICES INC., MICHAEL HILGAR. GARY MARTIN, AND .JOSEPH SETTECASE
Plaintiffs, Federal Trade Commission ("Commission" or "FTC") and the State of
Florida, filed their Complaint for Pennanent Injunction and Other Equitable Relief
("Complaint") in this matter, pursuant to Sections I3(b) and 19 of the Federal Trade
Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, the Telemarketing and Consumer
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Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. §§ 6101-6108, and the
Florida Deceptive and Unfair Trade Practices Act ("FDUTP A"), Chapter 50 I, Pa:rt II, Florida
Statutes (2012).. Plaintiffs also moved for an ex parte Temporary Restraining Order with
Asset Freeze, Appointment of a Receiver, Other Equitable Relief, and Order to Show Cause
Why a Preliminary Injunction Should Not Issue ("TRO") pursuant to Rule 65 of the Federal
Rules of Civil Procedure, Fed. R. Civ. P. 65, which the Court granted on January 7, 2014.
Plaintiffs and Defendants Worldwide Info Services, Inc., Elite Information Solutions
Inc., Absolute Solutions Group Inc., Global Interactive Technologies, Inc., Global Service
Providers, Inc., Arcagen, Inc., American Innovative Concepts, Inc., Unique Information
Services Inc., Michael Hilgar, Gary Martin, and Joseph Settecase (collectively, "Stipulating
Defendants") have consented to entry of this Stipulated Preliminary Injunction. This Court,
having considered the Stipulated Preliminary Injunction and for other cause appearing, finds
that:
1. This Court has jurisdiction over the subject matter of this case, and over
Stipulating Defendants hereto.
2. Venue, process, and service of process are proper.
3. There is good cause to believe that Stipulating Defendants have engaged in,
and are likely to engage in the future in, acts and practices that violate Section S(a) of the
FTC Act, 15 U.S.C. § 45(a); various provisions of the Telemarketing Sales Rule ("TSR"), 16
C.F .R. Part 31 O; and Section 501.204 of the FDUTPA, Chapter 50 I, Part II, Florida Statutes,
and that Plaintiffs are therefore likely to prevail on the merits of this action.
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4. There is good cause to believe that immediate and irreparable harm to the
Court,s ability to grant effective final relief for consumers in the form of monetary restitution
will occur from the sale, transfer, or other disposition or concealment by Stipulating
Defendants of their assets or corporate records unless Stipulating Defendants are
immediately restrained and enjoined by Order of this Court. There is thus good cause for an
asset freeze and the appoinnnent of a permanent receiver over corporate defendants
Worldwide Info Services, Inc., Elite Information Solutions Inc., Absolute Solutions Group
lnc., Global Interactive Technologies, Inc., Global Service Providers, Inc., Arcagen, Inc.,
American Innovative Concepts, Inc., and Unique Infonnation Services Inc.
5. Weighing the equities and considering Plaintiffs' likelihood of ultimate
success, a preliminary injunction is in the public interest.
6. No security is required of any agency of the United States for issuance of a
preliminary injunction. Fed. R. Civ. P. 65(c). No bond is required with respect to relief
requested pursuant to Section 60.08, Florida Statutes (2012).
7. This Order does not constitute and shaJI not be interpreted to constitute an
admission by Defendants, or a finding that Defendants have engaged in violations of any law
or regulations, including the Federal Trade Commission Act, the Telemarketing Sales Rule,
and the Florida Deceptive and Unfair Trade Practices Act.
DEFINITIONS
For purposes of this Stipulated Preliminary Injunction ("Order"), the following
definitions shall apply:
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l. "Asset" or "Assets" means any legal or equitable interest in, right to, or claim
to, any real or personal property, including, but not limited to, "goods," "instruments,"
"equipment," "fixtures," "general intangibles," "inventory," "checks," or "notes," (as these
tenns are defined in the Uniform Commercial Code), lines of credit, chattels, leaseholds,
contracts, mail or other deliveries, shares of stock, lists of consumer names, accounts, credits,
premises, receivables, funds, and all cash, wherever located.
2. "Assisting Others" includes, but is not limited to: (l) providing
administrative services, including, but not limited to, filing business registrations with
federal, state, or local government entities, establishing bank or merchant accounts, and/or
handling banking transactions; (2) acting as an officer, director, or registered agent of a
business entity; (3) establishing mail accounts or mail receiving boxes, and/or providing
mailing or printing services; ( 4) performing customer service functions, including, but not
limited to, forwarding mail received from consumers and/or receiving or responding to
consumer complaints; (5) formulating or providin_g, or arranging for the formulation or
provision of, any sales script or other marketing material; (6) providing names of, or assisting
in the generation of, potential customers; and (7) performing or providing marketing or
billing services of any kind, including, but not limited to, performing or providing
telemarketing services.
3. "Individual Defendants" means Michael Hilgar, Gary Martin, and Joseph
Settecase, and by whatever other names each may be known.
4. "Corporate Defendants" means Worldwide Info Services, Inc., Elite
Information Solutions Inc., Absolute Solutions Group Inc., Global interactive Technologies,
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Inc., Global Service Providers, Inc., The Credit Voice, Inc., Live Agent Response I LLC,
Arcagen, lnc., American Innovative Concepts, Inc., and Unique Information Services Inc.,
and their successors and assigns, as well as any subsidiaries, and any fictitious business
entities or business names created or used by these entities, or any of them.
5. "Defendants" means all of the Individual Defendants and the Corporate
Defendants, individually, collectively, or in any combination.
6. "Document" or "Documents" means any materials listed in federal Rule of
Civil Procedure 34(a), Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charts,
photographs, audio and video recordings, computer records, and other data compilations
from which infonnation can be obtained and translated, if necessary, through detection
devices into reasonably usable form. A draft or non-identical copy is a separate document
within the meaning of the term.
7. "Financial Institution" means any bank, savings and loan institution, credit
union, or any financial depository of any kind, including, but not limited to, any brokerage
house, trustee, broker-dealer, escrow agent, title company, commodity trading company, or
precious metal dealer.
8. "National Do Not Call Registry" means the National Do Not Call Registry,
which is the "do-not-call" registry maintained by the Federal Trade Commission pursuant to
16 C.F.R. § 3 l 0.4(b)(l )(iii)(B).
9. "Person" means a natural person, an organi:.~ation or other legal entity,
including a corporation, partnership, sole proprietorship, limited liability company,
association, cooperative, or any other group or combination acting as an entity.
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10. "Plaintiffs" means the Federal Trade Commission ("FTC" or "Commission")
and the State of Florida.
l l. "Stipulating Receivership Defendants" means Worldwide Info Services,
Inc., Elite Information Solutions Inc., Absolute Solutions Group Inc., Global Interactive
Technologies, Inc., Global Service Providers, Inc., Arcagen, Inc., American Innovative
Concepts, Inc., and Unique Infonnation Services Inc., and their successors and assigns, as
well as any subsidiaries, and any fictitious business entities or business names created or
used by these entities, or any of them.
12. "Telemarketer" means any person who, in connection with telemarketing,
initiates or receives telephone calls to or from a customer or donor. 16 C.F.R. § 310.2(bb ).
13. "Telemarketing" means any plan, program, or campaign (whether or not
covered by the TSR, 16 C.F.R. Part 310) that is conducted to induce the purchase of goods or
services or a charitable contribution by use of one or more telephones.
I.
PROHIBITED BUSINESS ACTIVITIES
IT IS THEREFORE ORDERED that Stipulating Defendants, and their officers,
agents, servants, employees, attorneys, and all other persons in active concert or participation
with any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other
device, in connection with the telemarketing, advertising, marketing, promoting, offering for
sale, sale, or provision of any good or service, including, but not limited to, any medical alert
system, are hereby restrained and enjoined from:
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A. Misrepresenting, or assisting others in misrepresenting, directly or indirectly,
expressly or by implication, any mat~rial fact, including, but not limited to:
l. That Defendants' medical alert system has already been purchased for
the consumer by a friend, family member, or other acquaintance;
2. That Defendants' medical' alert system is endorsed by the American
Heart Association, the American Diabetes Association, and/or the National Institute on
Aging; and
3. That consumers will not be charged the first monitoring fee until they
have received and activated the medical alert system.
B. Violating, or assisting others in violating, any provision of the TSR, 16 C.F.R.
Part 310, including, but not limited to:
l. Section 310.3(a)(2)(vii) of the TSR, 16 C.F.R. § 310.3(a)(2)(vii), by
misrepresenting, directly or by implication, that Defendants' medical alert system is endorsed
by the American Heart Association, the American Diabetes Association, and/or the National
Institute on Aging;
2. Section 310.3(a)(4) of the TSR, 16 C.F.R. § 310.3(a)(4), by
misrepresenting, directly or by implication, that:
(a) Defendants' medical alert system has already been purchased for
the consumer by a :friend, family member, or other acquaintance; and
(b) consumers will not be charged the first monitoring fee until they
have received and activated the medical alert system;
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3. Section 310.4(b)(l)(iii)(B) of the TSR, 16 C.F.R. § 310.4(b)(l)(iii)(B),
by initiating, or causing others to engage in initiating, an outbound telephone call to a person
when that person's telephone number is on the National Do Not Call Registry;
4. Section 310.4(b )(l)(iii)(A) of the TSR, 16 C.F.R. § 310.4(b)(l )(iii)(A),
by initiating, or causing others to engage in initiating, an outbound telephone call to a person
who previously has stated that he or she does not wish to receive an outbound telephone call
made by or on behalf of the seller whose goods or services are being offered;
5. Section 310.4(a)(8) of the TSR, 16 C.F.R. § 310.4(a)(8), by failing to
transmit, or cause to be transmitted, the telephone number and name of the telemarketer or of
the seller to any caller identification service in use by a recipient of a telemarketing call;
6. Section 310.4(b)(l )(v)(A) of the TSR, 16 C.F.R. § 310.4(b)(l)(v)(A),
by making, or causing others to make, outbound telephone calls that delivered prerecorded
messages to induce the purchase of goods or services when the persons to whom these
telephone calls were made had not signed an express agreement, in writing, authorizing the
seller to place prerecorded calls to such person; and
7. Sections 310.4(b)(l)(v)(B)(ii) and (d) of the TSR, 16 C.F.R. §§
310.4(b)(l)(v)(B)(ii) and (d), by making, or causing others to make, outbound telephone calls
that deliver a prerecorded message in which the telemarketer or message failed to disclose
truthfully, promptly and in a clear and conspicuous manner the identity of the seller, that the
purpose of the call is to seIJ goods or services, and the nature of the goods or services.
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II.
ASSRT FREEZE
IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agents,
servants, employees, attorneys, and all other persons in active concert or participation with
any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other
device, except as provided herein, as stipulated by the parties, or as directed by further order
of the Court, are hereby restrained and enjoined from:
A. Transferring, liquidating, converting, encumbering, pledging, loaning, selling,
concealing, dissipating, disbursing, assigning, spending, withdrawing, granting a lien or
security interest or other interest ~n. or otherwise disposing of any funds, real or personal
property, accounts, contracts, shares of stock, lists of consumer names, or other assets, or any
interest therein, wherever located, including outside the territorial United States, that are:
1. Owned, controlled, or held by, in whole or in part, for the benefit of, or
subject to access by, or belonging to, any Defendant;
2. In the actual or constructive possession of any Defendant; or
3. Jn the actual or constructive possession of, or owned, controlled, or
held by, or subject to access by, or belonging to, any other corporation, partnership, trust, or
any other entity directly or indirectly owned, managed, or controlled by, or under common
control with, any Defendant, including, but not l'imited to, any assets held by or for any
Defendant in any account at any bank or savings and loan institution, or with any credit card
processing agent, automated clearing house processor, network transaction processor, bank
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debit processing agent, customer service agent, commercial mail receiving agency, or mail
holding or forwarding company, or any credit union, retirement fund custodian, money
market or mutual fund, storage company, trustee, or with any broker-dealer, escrow agent,
title company, commodity trading company, precious metal dealer, or other financial
institution or depository of any kind, either within or outside the territorial United States;
B. Opening or causing to be opened any safe deposit boxes, commercial mail
boxes, or storage facilities titled in the name of any Defendant, or subject to access by any
Defendant or under any Defendant's control, without providing Plaintiffs prior notice and an
opportunity to inspect the contents in order to determine that they contain no assets covered
by this Section;
C. Cashing any checks or depositing or processing any payments from customers
of Defendants;
D. Incurring charges or cash advances on any credit card issued in the name,
singly or jointly, of any Defendant, except that each individual Defendant may incur such
charges or cash advances of up to One Thousand Dollars ($1,000.00) cumulatively, in excess
of the balances that exist as of the date of the entry of this Stipulated Preliminary Injunction;
or
E. Incurring liens or encumbrances on real property, personal property, or other
assets in the name, singly or jointly, of any Defendant or of any corporation, partnership, or
other entity directly or indirectly owned, managed, or controlled by any Defendant.
Notwithstanding the asset freeze provisions of Section II.A through E above, and
subject to prior written agreement with the Commission, Individual Defendants may, upon
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compliance with Section IV (Financial Statements) infra, pay from their individual personal
funds reasonable, usual, ordinary, and necessary living expenses.
The funds, property, and assets affected by this Section shall include both existing
assets and assets acquired after the effective date of this Order.
m.
DUTIES OF THIRD PARTIES HOLDING STIPULATING DEFENDANTS' ASSETS
IT IS FURTHER ORDERED that any financial institution, business entity, or
person maintaining or having custody or control of any account or other asset of any
Stipulating Defendant, or any corporation, partnership, or other entity directly or indirectly
owned, managed, or controlled by, or under common control with any Stipulating Defendant,
which is served with a copy of this Order, or otherwise has actual or constructive knowledge
of this Order, shall:
A. Hold and retain within its control and prohibit the withdrawal, removal,
assignment, transfer, pledge, hypothecation, encumbrance, disbursement, dissipation,
conversion, sale, liquidation, or other disposal of any of the assets, funds, documents, or
other property held by, or under its control:
I. On behalf of, or for the benefit of, any Stipulating Defendant or any
other party subject to Section II above;
2. 1n any account maintained in the name of, or for the benefit of, or
subject to withdrawal by, any Stipulating Defendant or other party subject to Section II
above; and
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3. That are subject to access or use by, or under the signatory power of,
any Stipulating Defendant or other party subject to Section U above;
B. Deny Stipulating Defendants access to any safe deposit boxes or storage
facilities that are either:
l. Titled in the name, individually or jointly, of any Defendant, or other
party subject to Section II above; or
2. Subject to access by any Defendant or other party subject to Section JI
above;
C. Provide Plaintiffs, within five (5) days of the date of service ofth·is Order, a
sworn statement setting forth:
l. The identification number of each account or asset titled in the name,
individually or jointly, of any Stipulating Defendant, or held on behalf of, or for the benefit
of, any Stipulating Defendant or other party subject to Section II above, including all trust
accounts managed on behalf of any Stipulating Defendant or subject to any Stipulating
Defendant's control;
2. The balance of each such account, or a description of the nature and
value of such asset;
3. The identification and location of any safe deposit box, commercial
mail box, or storage facility tbat is either titled in the name, individually or jointly, of any
Stipulating Defendant, or is otherwise subject to access or control by any Stipulating
Defendant or other party subject to Section II above, whether in whole or in part; and
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4. lfthe account, safe deposit box, storage facility, or other asset has
been closed or removed, the date closed or removed and the balance on said date;
D. Within five (5) days of a request from any Plaintiff, provide Plaintiffs with
copies of all records or other documents pertaining to each such account or asset, including,
but not limited to, originals or copies of account applications, account statements, corporate
resolutions, signature cards, checks, drafts, deposit tickets, transfers to and from the accounts,
all other debit and credit instruments or slips, currency transaction reports, l 099 forms, and
safe deposit box logs; and
E. This Section shall apply to existing accounts and assets, assets deposited or
accounts opened after the effective date of this Order, and any accounts or assets maintained,
held or controlled three years prior to the effective date of this Order. This Section shall not
prohibit transfers in accordance with any provision of this Order, any further order of the
Court, or by written agreement of the parties.
IV.
FINANCIAL STATEMENTS
IT IS FURTHER ORDERED that each Stipulating Defendant shall serve upon
counsel for Plaintiffs, no later than five (5) business days after entry of this Order, to the
extent that they have not already done so pursuant to the TRO, a completed financial
statement accurate as of the date of entry of the TRO, on the forms served on Defendants
with the TRO for Individual Defendants and for Corporate Defendants, as the case may be,
signed under penalty of perjury.
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The financial statements shall include assets held outside the territory of the United
States, shall be accurate as of the date of the entry of the TRO, and shall be verified under
oath. Stipulating Defendants shall attach to these completed financial statements copies of
all local, state, provincial, and federal income and property tax returns, with attachments and
schedules, as called for by the instructions to the financial statements.
v.
MAINTAIN RECORDS AND REPORT OF NEW BUSINESS ACTIVITY
IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agents,
servants, employees, attorneys, and all other persons in active concert or participation with
any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other
device, are hereby restrained and enjoined from:
A. Failing to make and keep books, records, accounts, bank statements, current
accountants' reports, general ledgers, general journals, cash receipts ledgers, cash
disbursements ledgers and source documents, documents indicating title to real or personal
property, and any other data which, in reasonable detail, accurately and fairly reflect the
incomes, disbursements, transactions, dispositions, and uses of Stipulating Defendants'
assets;
B. Destroying, erasing, mutilating, concealing, altering, transferring, or otherwise
disposing of, in any manner, directly or indirectly, any documents, including electronically
stored materials, that relate in any way to the business practices or business or personal
finances of Defendants; to the business practices or finances of entities directly or indirectly
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under the control of Defendants; or to the business practices or finances of entities directly or
indirectly under common control with any other Defendant; and
C. Creating, operating, or exercising any control over any new business entity,
whether newly formed or previously inactive, including any partnership, limited partnership,
joint venture, sole proprietorship or corporation, without first providing Plaintiffs with a
written statement disclosing: (1) the name of the business entity; (2) the address, telephone
number, e-mail address, and website address of the business entity; (3) the names of the
business entity's officers, directors, principals, managers, and employees; and (4) a detailed
description of the business entity's intended activities.
VI.
PROIDJUTJON ON DISCLOSING CUSTOMER INFORMATION
IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agents,
servants, employees, attorneys, and all other persons or entities in active concert or
participation with any of them, who receive actual notice of this Order by personal service or
otherwise, whether acting directly or through any trust, corporation, subsidiary, division, or
other device, are hereby restrained and enjoined from:
A. Selling, renting, leasing, transferring, or otherwise disclosing the name,
address, birth date, telephone number, e-mail address, Social Security number, credit card
number, bank account number, or other financial or identifying personal information of any
person from whom or about whom any Defendant obtained such information in connection
with activities alleged in Plaintiffs' Complaint; and
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B. Benefitting from or using the name, address, birth date, telephone number, e-
mail address, Social Security number, credit card number, bank account number, or other
financial or identifying personal information of any person from whom or about whom any
Defendant obtained such information in connection with activities alleged in Plaintiffs'
Complaint;
Provided, however, that Stipulating Defendants may disclose such financial or
identifying personal information to a law enforcement agency or as required by any law,
regulation, or court order.
VII.
PERMANF.NT RECEIVER
A. APPOINTMENT OF PERMAl'lENT RECEIVER
IT IS FURTHER ORDERED that Robb Evans & Associates LLC is appointed
Permanent Equity Receiver ("Receiver'') for Stipulating Receivership Defendants and any of
their affiliates, subsidiaries, divisions, or sales or customer service operations, wherever
located, with the full power of an equity receiver. The Receiver shall be the agent of this
Court, and solely the agent of this Court, in acting as Receiver under this Order. The
Receiver shall be accountable directly to this Court. The Receiver shall comply with all
Local Rules of this Court governing receivers.
B. RECEIVERSHIP DUTIES
IT IS FURTHER ORDERED that the Receiver is directed and authorized to
accomplish the following:
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1. Assume full control of the Stipulating Receivership Defendants by
removing, as the Receiver deems necessary or advisable, any director, officer, employee,
independent contractor, or agent of the Stipulating Receivership Defendants, includ.ing any
Individual Defendant, from control of, management of, or participation in, the affairs of the
Stipulating Receivership Defendants;
2. Take exclusive custody, control, and possession of all assets and
documents of, or in the possession, custody, or under the control of, the Stipulating
Receivership Defendants, wherever situated. The Receiver shall have full power to divert
mail and to sue for, collect, receive, take in possession, hold, and manage all assets and
documents of the Stipulating Receivership Defendants and other persons or entities whose
interests are now held by or under the direction, possession, custody, or control of the
Stipulating Receivership Defendan(s. Provided, however, that the Receiver shall not attempt
to collect any amount from a consumer or to allow the Stipulating Receivership Defendants
to continue to debit or otherwise charge a consumer's account, if the Receiver believes the
consumer was a victim of the unfair or deceptive acts or practices alleged in the Complaint in
this matter;
3. Use any means necessary to take possession of and to secure all areas
of the business premises of the Stipulating Receivership Defendants. Such steps may
include, but are not limited to, the following as the Receiver deems necessary or advisable:
(a) serving this Order; (b) completing a written inventory of all receivership assets; (c)
obtaining pertinent information from all employees and other agents of the Stipulating
Receivership Defendants, including, but not limited to, the name, home address, Social
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Security number, job description, method of compensation, and all accrued and unpaid
commissions and compensation of each such employee or agent; ( d) videotaping all portions
of the locations; (e) securing the locations by changing the Jocks and disconnecting any
computer modems or other means of access to the computer or other records maintained at
the locations; (f) requiring any persons present on the premises at the time this Order is
served to leave the premises, to provide the Receiver with proof of identification, or to
demonstrate to the satisfaction of the Receiver that such persons are not removing from the
premises documents or assets of the Stipulating Receivership Defendants; and/or (g) employ
the assistance of law enforcement officers as the Receiver deems necessary to implement the
provisions of this Order;
4. Conserve, hold, and manage aJJ receivership assets, and perform all
acts necessary or advisable to preserve the value of those assets, in order to prevent any
irreparable loss, damage, or injury to consumers or to creditors of the Stipulating
Receivership Defendants, including, but not limited to, obtaining an accounting of the assets
and preventing transfer, withdrawal, or misapplication of assets, and including the authority
to liquidate or close out any open securities or commodity futures positions of the Stipulating
Receivership Defendants;
5. Enter into contracts and purchase insurance as advisable or necessary;
6. Prevent the inequitable clistribution of assets and determine, adjust,
and protect the interests of consumers and creditors who have transacted business with the
Stipulating Receivership Defendants;
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7. Manage and administer the business of the Stipulating Receivership
Defendants until further order of this Court by performing all incidental acts that the
Receiver deems to be advisable or necessary, which includes retaining, hiring, or dismissing
any employees, independent contractors, or agents;
8. Choose, engage, and employ attorneys, accountants, appraisers, and
other independent contractors and technical specialists, as the Receiver deems advisable or
necessary in the performance of duties and responsibilities under the authority granted by this
Order;
9. Make payments and disbursements from the receivership estate that
are necessary or advisable for carrying out the directions of, or exercising the authority
granted by, this Order. The Receiver shall apply to the Court for prior approval of any
payment of any debt or obligation incurred by the Stipulating Receivership Defendants prior
to the date of entry of this Order, except payments that the Receiver deems necessary or
advisable to secure assets of the Stipulating Receivership Defendants, such as rental
payments;
10. Detennine and implement the manner in which the Stipulating
Receivership Defendants will comply with, and prevent violations of, this Order and all other
applicable laws;
11. Institute, compromise, adjust, appear in, intervene in, or become party
to such actions or proceedings in state, federal or foreign courts that the Receiver deems
necessary and advisable to preserve or recover the assets of the Stipulating Receivership
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Defendants or that the Receiver deems necessary and advisable to carry out the Receiver's
mandate under this Order;
12. Defend, compromise, adjust, or otherwise dispose of any or all actions
or proceedings instituted in the past or in the future against the Receiver in his or her role as
Receiver, or against the Stipulating Receivership Defendants that the Receiver deems
necessary and advisable to preserve the assets of the Stipulating Receivership Defendants or
that the Receiver deems necessary and advisable to carry out the Receiver's mandate under
this Order;
13. Continue and conduct the business of the Stipulating Receivership
Defendants in such manner, to such extent, and for such duration as the Receiver may in
good faith deem to be necessary or appropriate to operate the business profitably and
lawfully, if at all; provided, however, that the continuation and conduct of the business shall
be conditioned upon the Receiver's good faith determination that the business can be
lawfully operated at a profit using the assets of the receivership estate;
14. Issue subpoenas to obtain documents and records pertaining to the
receivt:rship, and conduct discovery in this action on behalf of the receivership estate;
15. Open one or more bank accounts as designated depositories for funds
of the Stipulating Receivership Defendants. The Receiver shall deposit all funds of tbe
Stipulating Receivership Defendants in such a designated account and shall make all
payments and disbursements from the receivership estate from such an account;
16. Maintain accurate records of all receipts and expenditures that he or
she makes as Receiver;
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17. Cooperate with reasonable requests for information or assistance from
any state or federal law enforcement agency, including Plaintiffs; and
18. File reports with the Court on a timely and reasonable basis.
C. COOPERATION WITH THE RECEIVER
IT IS FURTHER ORDERED that:
l. Stipulating Defendants and their officers, agents, servants, employees,
and attorneys, and all other persons in active concert or participation with any of them, who
receive actual notice of this Order by personal service or otherwise, whether acting directly
or through any trust, corporation, subsidiary, division, or other device, shall fully cooperate
with and assist the Receiver. This cooperation and assistance shall include, but not be
limited to:
a. Providing any information to the Receiver that the Recei:ver
deems necessary to exercising the authority and discharging the responsibilities of the
Receiver under this Order;
b. Providing any password required to access any computer,
electronic file, or telephonic data in any medium; or
c. Advising all persons who owe money to the Stipulating
Receivership Defendants that all debts should be paid directly to the Receiver.
2. Defendants and their officers, agents, servants, employees, and
attorneys, and all other persons in active concert or participation with any of them, who
receive actual notice of this Order by personal service or otherwise, whether acting directly
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or through any trust, corporation, subsidiary, division, or other device, are hereby restrained
and enjoined from directly or indirectly:
a. Transacting any of the business of the Stipulating Receivership
Defendants;
b. Destroying, secreting, defacing, transferring, or otherwise
altering or disposing of any documents of the Stipulating Receivership Defendants,
including, but not limited to, books, records, accounts, writings, drawings, graphs, charts,
photographs, audio and video recordings, computer records, and other data compilations,
electronicaJly-stored records, or any other records of any kind or nature;
c. Transferring, receiving, altering, selling, encumbering,
pledging, assigning, liquidating, or otherwise disposing of any assets owned, controlled, or in
the possession or custody of, or in which an interest is held or claimed by, the Stipulating
Receivership Defendants, or the Receiver;
d. Excusing debts owed to the Stipulating Receivership
Defendants;
e. Failing to notify the Receiver of any asset, including accounts,
of the Stipulating Receivership Defendants held in any name other than the name of the
Stipulating Receivership Defendants, or by any person or entity other than the Stipulating
Receivership Defendants, or failing to provide any assistance or information requested by the
Receiver in connection with obtaining possession, custody, or control of such assets;
f Doing any act or refraining from any act whatsoever to
interfere with the Receiver's taking custody, control, possession, or managing of the assets or
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documents subject to this receivership; or to harass or interfere with the Receiver in any way;
or to interfere in any manner with the exclusive jurisdiction of this Court over the assets or
documents of the Stipulating Receivership Defendants; or to refuse to cooperate with the
Receiver or the Receiver's duly authorized agents in the exercise of their duties or authority
under any Order of this Court; or
g. Filing, or causing to be filed, any petition on behalf of the
Stipulating Receivership Defendants for reliefunder the United States Bankruptcy Code, 11
U.S.C. § 101 et seq., without prior pennission from this Court.
D. DELIVERY OF RECEIVERSHIP PROPERTY
IT IS FURTHER ORDERED that:
1 . Immediately upon entry of this Order, or within such period as may be
pennitted by the Receiver, Defendants or any other person or entjty shall transfer or deliver
possession, custody, and control of the following to the Receiver:
a. All asset<> of the Stipulating Receivership Defendants,
including assets subject to repatriation pursuant to Section VIII, infra;
b. All documents of the Stipulating Receivership Defendants,
including, but not limited to, books and records of accounts, all financial and accounting
records, balance sheets, income statements, bank records (including monthly statements,
canceled checks, records of wire transfers, and check registers), client lists, title documents
and other papers;
c. All assets belonging to members of the public now held by the
Stipulating Receivership Defendants; and
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d. All keys, codes, and passwords necessary to gain or to secure
access to any assets or documents of the Stipulating Receivership Defendants, including, but
not limited to, access to their business premises, means of communication, accounts,
computer systems, mail boxes, or other property. This includes providing the necessary
means to gain access to at least the following commercial mail boxes:
(i) 478 E. Altamonte, #400, Altamonte Springs, Florida
32701;
(ii) 509 S. Chickasaw Trail, #393, Orlando, Florida 32825;
(iii) 5703 Red Bug Lake Road, Winter Springs, Florida
32708;
(iv) 5415 Lake Howell Road, #142, Winter Park, Florida
32792;
(v) 5224 W. State Road, #103, Sanford, Florida 32750;
(vi) 127 W. Fairbanks Avenue, Winter Park, Florida 32789;
and
(vii) 1170 Tree Swallow Drive, #324, Winter Springs,
Florida 32708.
2. In the event any person or entity fails to deliver or transfer any
receivership asset or document or otherwise fails to comply with any provision of this
Section, the Receiver may file ex parte an Affidavit of Non-Compliance regarding the
failure. Upon filing of the affidavit, the Court may authorize, without additional process or
demand, Writs of Possession or Sequestration or other equitable writs requested by the
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Receiver. The writs shall authorize and direct the United States Marshal or any sheriff or
deputy sheriff of any county, or any other federal or state law enforcement ofticer, to seize
the asset, document, or other thing and to deliver it to the Receiver.
E. TRANSFER OF FUNDS TO THE RECEIVER
IT IS FURTHER ORDERED that, upon service of a C·Opy of this Order, all
financial institutions, finance companies, commercial lending companies, credit card
processing agents or agents providing electronic funds transfer services or automated
clearing house processing, brokerage houses, escrow agents, money market or mutual funds,
title companies, commodity futures merchants, commodity trading companies, precious
metal dealers, trustees, or other financial institutions or depositories of any kind, shall
cooperate with all reasonable requests of the Receiver relating to implementation of this
Order, including transferring funds at his or her direction and producing records related to the
assets of the Stipulating Receivership Defendants.
F. STAY OF ACTIONS
IT IS FURTHER ORDERED that:
1. Except by leave of this Court, during pendency of the receivership
ordered herein, Defendants and all other persons and entities be and hereby are stayed from
taJcing any action to establish or enforce any claim, right, or interest for, against, on behalf of,
in, or in the name of, the Stipulating Receivership Defendants, any of its subsidiaries,
affiliates, partnerships, assets, documents, or the Receiver or the Receiver's duly authorized
agents acting in their capacities as such, including, but not limited to, the following actions:
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a. Commencing, prosecuting, continuing, entering, or enforcing
any suit or proceeding, except that such actions may be filed to toll any applicable statute of
limitations;
b. Accelerating the due date of any obligation or claimed
obligation; filing, perfecting or enforcing any lien; taking or attempting to take possession,
custody, or control of any asset; attempting to foreclose, forfeit, alter, or terminate any
interest in any asset, whether such acts are part of a judicial proceeding, are acts of self-help,
or otherwise, or setoff of any debt owing to the Stipulating Receivership Defendants that
arose before the dale of this Order against any claim against the Stipulating Receivership
Defendants;
c. Executing, issuing, serving, or causing the execution, issuance
or service ot: any legal process, including, but not limited to, attaclunents, garnishments,
subpoenas, writs of replevin, writs of execution, or any other form of process whether
specified in this Order or not; or
d. Doing any act or thing whatsoever to interfere with the
Receiver taking custody, control, possession, or management of the assets or documents
subject to this receivership, or to harass or interfere with the Receiver in any way, or to
interfere in any manner with the exclusive jurisdiction of this Court over the assets or
documents of the Stipulating Receivership Defendants.
2. This Order does not stay:
a. The commencement or continuation of a criminal action or
proceeding;
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b. The commencement or continuation of an action or proceeding
by a governmental unit to enforce such governmental unit's police or regulatory power; or
c. The enforcement of a judgment, other than a money judgment,
obtained in an action or proceeding by a governmental unit to enforce such governmental
unit's police or regulatory power.
3. Except as otherwise provided in this Order, all persons and entities in
need of documentation from the Receiver shall in aJJ instances first attempt to secure such
information by submitting a fonnal written request to the Receiver, and, if such request has
not been responded to within thirty (30) days of receipt by the Receiver, any such person or
entity may thereafter seek an Order of this Court with regard to the relief requested.
G. COMPENSATION OF RECEIVER
rr IS FURTHER ORDERED that the Re.ceiver and all personnel hired by the
Receiver as herein authorized, including counsel to the Receiver and accountantS, are entitled
to reasonable compensation for the perfonnance of duties pursuant to this Order and for the
cost of actual out-of-pocket expenses incurred by them, from the assets now held by, or in the
possession or control of, or which may be received by the Stipulating Receivership
Defendants. The Receiver shall file with the Court and serve on the parties periodic requests
for the payment of such reasonable compensation, with the first such request filed no more
than sixty (60) days after the date of this Order. The Receiver shall not increase the hourly
rates used as the bases for such fee applications without prior approval of the Court.
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H. RECEIVER'S BOND ·
IT IS FURTHER ORDERED that the Receiver is not required to enter a bond,
conditioned that the Receiver will well and truly perform the duties of the office and abide by
and perform all acts the Court directs.
VIII.
REPATRIATION OF ASSETS AND DOCUMENTS
IT IS FURTHER ORDERED that Stipulating Defendants shall:
A. Unless previously completed in full compliance with the TRO, within three
(3) business days following entry of this Order, take such steps as are necessary to repatriate
to the territory of the United States of America all documents and assets that are located
outside such territory and are held by or for Stipulating Defendants or are under Stipulating
Defendants' direct or indirect control, jointly, severally, or individually;
B. Unless previously completed in full compliance with the TRO, within three
(3) business days following entry of this Order, provide Plaintiffs with a full accounting of all
documents and assets that are located outside of the territory of the United States of America
or that have been transferred to the territory of the United States of America pursuant to
Subsection A above and are held by or for any Stipulating Defendant or are under any
Stipulating Defendant's direct or indirect control, jointly, severally, or individually, including
the addresses and names of any foreign or domestic financial institution or other entity
holding the documents and assets, along with the account numbers and balances;
C. Hold and retain all such documents and assets and prevent any transfer,
disposition, or dissipation whatsoever of any such documents or assets; and
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D. Unless previously completed in full compliance with the TRO, within three
(3) business days following entry of this Order, provide Plaintiffs access to Stipulating
Defendants' records and documents held by financial institutions or other entities outside the
territory of the United States of America, by signing and delivering to Plaintiffs' counsel the
Consent to Release of Financial Records attached to this Order as Attachment A.
IX.
INTERFERENCE WITH REPATRIATION
IT IS FURTHER ORDERED that Defendants are hereby restrained and enjoined
from taking any action, directly or indirectly, which may result in tbe encumbrance or
dissipation of foreign assets, or in the hindrance of the repatriation required by the preceding
Section Vlll of this Order, including, but not limited to:
A. Sending any statement, letter, facsimile, e-mail or wire transmission, or
telephoning or engaging in any other act, directly or indirectly, that results in a determination
by a foreign trustee or other entity that a "duress" event has occurred under the terms of a
foreign trust agreement, until such time that assets have been fully repatriated pursuant to the
preceding Section of this Order; and
B. Notifying any trustee, protector or other agent of any foreign trust or other
related entities of either the existence of this Order, or of the fact that repatriation is required
pursuant to a Court Order, untiJ such time as assers have been fully repatriated pursuant to·
the preceding Section of this Order.
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x.
EXPEDITED DISCOVERY
IT IS FURTHER ORDERED that pursuant to Federal Rules of Civil Procedure
30(a), 3 l(a), 34, and 45, and notwithstanding the provisions of Federal Rules of Civil
Procedure 26( d) and (f), 30(a)(2)(A), and 31 (a)(2)(A), the parties are granted leave, at any
time after entry of this Order to:
A. Take the deposition of any person, whether or not a party, for the purpose of
discovering the nature, location, status, and extent of the assets of Stipulating Defendants,
and Stipulating Defendants' affiliates and subsidiaries; the nature and location of documents
reflecting the business transactions of Stipulating Defendants, and Stipulating Defendants'
affiliates and subsidiaries; the location of any premises where Stipulating Defendants,
directly or through any third party, conduct business operations; the Stipulating Defendants'
whereabouts; and/or the applicability of any evidentiary privileges to this action; and
B. Demand the production of documents from any person, whether or not a party,
relating to the nature, status, and extent of the assets of Stipulating Defendants, and
Stipulating Defendants' affiliates and subsidiaries; the nature and location of documents
reflecting the business transactions of Stipulating Defendants, and Stipulating Defendants'
affiliates and subsidiaries; the location of any premises where Stipulating Detendants,
directly or through any third party, conduct business operations; the Stipulating Defendants'
whereabouts; and/or the applicability of any evidentiary privileges to this action.
Seven (7) days notice shall be deemed sufficient for any such deposition, ten (10)
days notice shall be deemed sufficient for the production of any such documents, and
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seventy-two (72) hours notice (not including weekends or holidays) shall be deemed
sufficient for the production of any such documents that are maintained or stored only as
electronic data. The provisions of this Section shall apply both to parties to this case and to
non-parties. The limitations and conditions set forth in Federal Rules of Civil Procedure
30(a)(2)(A)(ii) and 3l(a)(2)(A)(ii) regarding subsequent depositions of an individual shall
not apply to depositions taken pursuant to this Section. Any such depositions taken pursuant
to this Section shall not be counted toward any limit on the number of depositions under the
Federal Rules of Civil Procedure, including those set forth in Federal Rules of Civil
Procedure 30(a)(2)(A) and 31 (a)(2)(A). Service of discovery upon a party, taken pursuant to
this Section, shall be sufficient if made through the means described in Section XII of this
Order.
XI.
DISTRIBUTION OF ORDER BY STIPULATING DEFENDA.tWS
IT IS FURTIIER ORDERED that Stipulating Defendants shall immediately
provide a copy of this Order to each of their corporations, subsidiaries, affiliates, partners,
divisions, sales entities, successors, assigns, members, officers, directors, employees,
independent contractors, agents, servants, attorneys, spouses, representatives, and any other
persons in active concert or participation with them. Within five (5) calendar days following
entry of this Order, Stipulating Defendants shall file with this Court and serve on Plaintiffs
an affidavit identifying the name, title, addresses, telephone numbers, date of service, and
manner of service of the persons and entities Stipulating Defendants have served with a copy
of this Order in compliance with this provision.
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XII.
SERVICE OF THIS ORDER
IT IS FURTHER ORDERED that copies of this Order may be distributed by United
States first Class Mail, overnight delivery, facsimile, electronic mail, or personally, by
agents or employees of Plaintiffs, by agents or employees of the Receiver, by any law
enforcement agency, or by private process server, upon any person, financial institution, or
other entity that may have possession or control of any property, property right, document, or
asset of any Defendant, or that may be subject to any provision of this Order. Service upon
any branch or office of any financial institution or entity shall effect service upon the entire
financial institution or entity.
XIII.
CONSUMER REPORTING AGENCIES
IT IS FURTHER ORDERED that, pursuant to Section 604 of the Fair Credit
Reporting Act, 15 U.S.C. § 1681b, any consumer reporting agency may furnish a consumer
or credit report concerning any Stipulating Defendant to Plaintiffs.
XIV.
CORRESPONDENCE WITH AND NOTICE TO PLAINTIFFS
IT IS FURTHER ORDERED that for purposes of this Order, all correspondence
and pleadings to the Federal Trade Commission shaJl be addressed to:
David A. O'Toole Marissa J. Reich Federal Trade Commission 55 West Monroe Street, Suite 1825 Chicago, Illinois 60603 (312) 960-5634 [Telephone]
33
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(312) 960-5600 [Facsimile]
All correspondence and pleadings to the State of Florida, Office of the Attorney General,
shall be addressed to:
Denise Kim Assistant Attorney General Office of the Attorney General Consumer Protection Division 135 W. Central Boulevard, Suite 1000 Orlando, Florida 3280 I (407) 245-0833 [Telephone] (407) 245-0365 [Facsimile]
xv.
RETENTION OF JURISDICTION
IT IS FURTHER ORDERED· that this Court shall retain jurisdiction of this matter
for all purposes.
SO STIPULATED:
Dated: -~~"'"~.,__?-_3 _ _ , 2014
~ I
JONATHAN E. NUECHTERLEIN General Counsel
~~~ Al9t7-DAvm A. &'TOOL·-E-.-T-n-.a-1 C_o_u_n-se-J
MARJ SSA J. REICH Federal Trade Commission, Midwest Region
34
Case 6:14-cv-00008-JA-DAB Document 35 Filed 01/24/14 Page 34 of 36 PageID 1866
Dared:~ bl~.20M
, 2014
55. West MQnro~ . .Stre~t. Suite· 1825 C~it;ago/I!iihois60663 · · · Teleplione~:(312) .%0-5()34 Facsimile:{ll2) 960'-5600 Email: ti~t<;>[email protected]~:·[email protected].
Attorneys ~r.PJ~~tiff FEDERAL TRADE COMMlSSION
PAMELA.JO BONDI Attorney General State ofFJorioa
~k-DJil)HSE ie-M \. As&istant Attorney 9enet.tl Florida· Bat"#.69369. Iiri\aii: :[email protected] Office .of :the.Attorney General Cortsumel"ProtecrlQrt Divisfon t 35 w. Ceptral Blvd., Suite .1000 Orlando, Florida.32801 telephone~ {407)'.24~~0.8JJ Facsimile: (4-07!."245-0365
Attorney .for. :Piaintiff . STATE'OFFto · A OF.F CE:OF·THE WITORNEY 'GENERAL
ANDREW N . . COVE Cove & Associates P.A. 225·South 21st Avenue. Telcpilone:· .{~s4f92t:.ri2J Facsimile: (QS4) 921-l.621 ,Ema~'!: anc@oo~elaw .con:r
Attorney for Deforidants Worldwide Info ·~ervic~~ .. Inc~, :Elite :Irif6imation StslutfohS Inc .. Absoiute Sefotions Group Inc., .<Jfobru Interactive Teehnolog]es, Inc., D:lobal Service
35
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Case 6:14-cv-00008-JA-DAB Document 35 Filed 01/24/14 Page 35 of 36 PageID 1867
Providers, lnc., Arcagen, Inc., American Innovative Concepts, Inc., Unique Information Services Inc., Michael Hilgar, Gary Martin, and Joseph Settecase
36
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